1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 1, 1995, the Plaintiff entered into a labor contract with the Defendant and worked for the Defendant.

B. On July 1, 2010, the Plaintiff entered into a contract with the Defendant for an annual salary of KRW 54,000,000, and one year of the contract period (for each year renewed), and held office as an executive director until June 30, 2013.

C. From May 18, 2005 to June 26, 2011, the Plaintiff respectively registered as the Defendant’s director and the Defendant’s internal director from January 5, 2012 to June 30, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, 4 and 19 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff worked for the Defendant from October 1, 1995 to June 30, 2013. After July 1, 2010, the Plaintiff merely worked as the managing director, and was a worker who conducts the tasks under the direction and supervision of the Defendant representative director C.

Therefore, the defendant is obligated to pay to the plaintiff the retirement benefit of the above period of 81,957,000 won and damages for delay.

B. The Plaintiff at least served as the Defendant’s officer from July 1, 2010.

The right to claim payment of retirement benefits during the period of service as an employee has expired by prescription, and there is no agreement to pay remuneration equivalent to retirement benefits during the period of service as an executive.

3. Determination

A. On or after July 1, 2010, the Plaintiff’s recognition of the Plaintiff’s employee status is determined 1) The Plaintiff’s Guarantee of Workers’ Retirement Benefits Act (hereinafter “Retirement Benefits Act”) on the premise that the Plaintiff falls under a worker under the Labor Standards Act.

(2) Officers such as directors, auditors, etc. of a stock company are delegated by the company to conduct certain business affairs. Thus, an employer’s direction and supervision under the direction and supervision of the employer and receive certain wages.